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In the case The Queen v Ronald G Dunne, the taxpayer was an Ontario-resident retired partner of a partnership carrying on business in multiple provinces The taxpayer
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was assessed Quebec income tax on a portion of his retiring allowance The Quebec Court of Appeal ruled that he had a permanent establishment in Quebec and therefore was subject to tax in Quebec The taxpayer has requested leave to appeal this decision to the Supreme Court of Canada
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The case Roger Ellingston v MNR deals with the issue of the CRA requesting information from taxpayers In this case, the Federal Court Trial Division ruled that the CRA acted beyond its jurisdiction when requiring the taxpayer to submit his un led tax returns and net worth statements, because the information may be used in a penal investigation We may not have heard the last of this case; the Minister is appealing this decision
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A person who is considered an employee of a company but carries on those employment duties through a corporation may nd that the corporation is considered a Personal Services Business (PSB) A PSB can only deduct salary amounts paid to the shareholder, and other costs that would be deductible by the individual as an employee In the case Dynamic Industries Ltd v The Queen, the Federal Court of Appeal overturned an earlier decision and ruled that, although the taxpayer was servicing only one company, he was not carrying on a PSB
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Last-Minute Changes Just prior to printing, the federal government proposed the following changes on October 31, 2006: 1 Taxation of income trusts: The proposals will cause investors to pay tax on certain distributions from income trusts as though they were dividends from a Canadian corporation See Tip 55 Also, see my article in the Globe and Mail dated November 2, 2006, available at wwwtimcestnickcom 2 Age credit: The age credit will be increased for 2006 by increasing the base for the credit from $4,066 to $5,066
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1 0 1 Ta x S e c r e t s F o r C a n a d i a n s
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3 Income splitting: The government proposes to allow seniors age 65 or over to split pension income with a spouse Up to 50 percent of income qualifying for the pension credit may be taxed in your spouse s hands See Tip 10s and speak to a tax pro for more details 4 Corporate tax rates: The general corporate tax rate will drop to 185 percent starting in the year 2011
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PRE-GAME WARM-UP: THE BASICS OF TAX PLANNING
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Only fools come to bat without first tying their shoes
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o this day, I can still remember my rst season in fact, my rst game in the Oakville Minor Baseball Association I was six years old, a pretty good hitter for a rookie, and knew next to nothing about running the
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bases My rst time at bat, I belted a line drive into left eld, then proceeded to run as fast as I could directly to third base I can still remember the umpire showing me which way to run after hitting the ball Eventually, I became a pretty good base stealer but only after I learned the basics Once I had the basics down, my playing improved to a whole new level And so will yours In this chapter, we re going to look at the basics of the tax game
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Tim s Tip 1: Avoid taxes like the plague, but don t evade them
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There s a big difference between avoiding taxes and evading them: One s okay; the other s a de nite no-no Tax avoidance simply involves structuring your affairs legally so that you re paying less tax than you might otherwise pay You do, after all, have the right to pay the least amount of tax the law will allow Avoiding tax could involve using loopholes, which are inadvertent errors in the Income Tax Act, but more commonly will involve using provisions of the law to your advantage Tax evasion, on the other hand, is an attempt to reduce your taxes owing or increase refundable credits by illegal means, such as making false statements about your income or deductions, or destroying records Trust me, if the Special Investigations Unit of the Canada Revenue Agency (CRA) catches you in the act of evasion, you re in for a rough ride Here s what happens: You ll not only have to make good on the taxes you ve evaded, but you ll face penalties equal to 50 percent of those taxes In addition, you ll face interest charges from the year of the crime until the day you pay those taxes and penalties owing To top it off, you could face criminal charges led by CRA that may result in additional criminal penalties of 50 to 200 percent of the taxes evaded and up to ve years in prison Yikes! If you ve been evading taxes and haven t yet been caught in the act, there s some good news for you The tax collector has said, in Information Circular 00-1R, that if you come forward and correct deficiencies in your past tax affairs through what s called a voluntary disclosure you ll be given a break No penalties will be levied, and no prosecution will be undertaken Folks, this is not such a bad deal And by the way, once CRA has begun an audit or enforcement procedure, you can forget about making a voluntary disclosure it s too late at that stage
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